We’re not sitting on graft cases, says Acting Chief Magistrate
REPORTS of inordinate delays in the finalisation of high-profile corruption cases before the courts of law are a matter of perception because everything is being done in line with provisions of the Constitution, Acting Chief Magistrate Mr Munamato Mutevedzi has said.
Speaking on the sidelines of a swearing-in ceremony for eight new magistrates in Harare yesterday, Mr Mutevedzi said cases before the courts were being handled judiciously and expeditiously.
He said although lawyers in some cases make numerous applications which sometimes slow down court processes, they were doing so in accordance of the rules of the court.
“I don’’t agree that there’s a delay in the trial of those cases because we are a country guided by the rule of law. There are perceptions that legal practitioners come to court and make numerous interlocutory applications, but what everybody must take into account is that they make applications in terms of the rules of the court and fair trial rights provided by the Constitution,” he said.
“Every accused person is allowed to exhaust all redresses that are available to them so it is entirely up to the courts when such applications are made to look at the validity of the applications, efficacy, and make findings on whether the applications have merit and move on with the cases. This notion that there’s a delay in the trial of these cases is just a perception.”
He said of the 27 cases high-profile corruption cases before the court, 15 have already commenced trial.
Mr Mutevedzi said there was, however, a shortage of magistrates countrywide because from an official establishment of 250 magistrates, 225 were in posts, including the eight that were sworn in yesterday.
The official establishment, he argued, was set in 1980 for the population of the time.
“As the population of the country grew, there hasn’t been a corresponding expansion of that establishment and when we look at 250 magistrates against a population of about 15 million people there is certainly a disparity in that regard.
“This means that a single magistrate has a mammoth task as he or she is expected to preside over hundreds of thousands of cases in a single year,” he said.
The acting chief magistrate said magistrates receive not less than 100 000 cases yearly that come through various courts across the country.
“Much as we really appreciate efforts that have been made to ensure that we recruit more magistrates we still need a lot more starting with the expansion of the establishment of magistrates in the country,” he said.
The newly-sworn magistrates comprising of seven women and one man are Charity Tonongera, Vavariro Gabi, Chiuta Dube, Patricia Sanganza-Kamwanda, Tamara Chibindi, Nomagugu Sindisiwe Maphosa, Grace Tupiri and Samkelisiwe Gumbo.
On gender balance, Mr Mutevedzi said out of the 225 magistrates that are in posts, 122 were women while men are 103.
“The gender balance is queued in favour of women and that has been a deliberate attempt to ensure that we comply with requirements of the Constitution that in every situation there be gender balance.